2 Medical Malpractice, Personal Injury Litigation, Product Liability Litigation T h e L a w O f f i c e s o f F r a n k L. B r a n s o n SELECTED FOR INCLUSION IN T E X A S Leveling the Playing Field, One Fight at a Time F rom headline-grabbing verdicts involving catastrophic plane crashes, dangerous automotive defects and negligent transportation companies to helping individuals handle their most important legal problems, Dallas attorney Frank L. Branson has built a powerhouse trial firm with an unwavering commitment to deliver formidable talent and extensive resources on behalf of his clients. In an era marked by corporate interests that use large legal teams to grind down, distract and delay, Mr. Branson and the talented trial lawyers at The Law Offices of Frank L. Branson have honed a litigation strategy that levels the playing field. Whether it s the negligence of the largest trucking company in the world, or a top Japanese automaker with a dangerously designed SUV, or an American Airlines crash of a plane full of passengers, Mr. Branson places clients and their cases on an equal footing with these mega corporations in trial. When two respected members of the Dallas Cowboys football family were injured when a faulty practice facility collapsed, Branson was asked by the families for help. The results speak for themselves. In addition to proven legal talent, the firm has worked for decades to build a support staff of professionals including investigators, engineers, nurses, videographers and graphic artists. The firm s medical illustrator is a Johns Hopkins-trained medical doctor and former Fulbright Scholar. Mr. Branson and his firm have earned significant verdicts and/or settlements in state and federal venues across Texas, as well as jurisdictions in Florida, Arkansas, New Mexico, South Carolina and Arizona, including: Record settlements for serious injuries caused when a Dallas Cowboys practice facility collapsed during a thunderstorm. A Texas woman, age 77, was killed when her home exploded. A drilling contractor had ruptured an underground natural gas line. The drilling contractor s policy did not allow the workers to call As a result of this case, the drilling contractor changed its policy, and the woman s adult children and her estate settled. Significant settlement on behalf of former executives of a major corporate entity involving allegations of breach of contract and fraud. In the course of building one of Texas most respected and successful trial litigation firms, Mr. Branson has earned some of the highest honors in the legal profession. D CEO magazine describes him as the guru of Texas personal injury lawyers, while Forbes calls him simply a pioneer. He is the 2010 recipient of both the American Bar Association s Pursuit of Justice Award and the Dallas Bar Association s Trial Lawyer of the Year award. He is a recent recipient of the Mel Award by the Melvin Belli Society for his courtroom innovation and contributions to the profession. Mr. Branson has a recurring spot in Texas Super Lawyers list of Top 10 lawyers in all of Texas, and he has been named among The Best Lawyers in America for 25 straight years. Frank L. Branson Highland Park Place, Suite Cole Avenue Dallas, TX flbranson.com

3 Personal Injury Litigation SELECTED FOR INCLUSION IN T E X A S Mark R. Mueller M u e l l e r L a w M ark Mueller of the law who can be called upon to provide help firm Mueller Law is known when needed, including the Alumni and for his unique and spontaneous courtroom style, by one of America s greatest trial lawyers, Faculty of the Trial Lawyers College, founded achieving extraordinary Gerry Spence. results for his clients in the fields of birth injury and Mueller s ay s t h at in every case, the firm medical malpractice. He has tries to help clients heal their guilt and a reputation for obtaining pain while providing them with realistic, yet high settlement values and hopeful, advice. Mueller s dynamic legal winning verdicts in complex birth injury and work has been, in many cases, groundbreaking, such as in a case where he helped other cases involving substantial physical, emotional and/or economic damages. to reform the grand jury system. For that case known as the Condom Rape Case My main focus is on finding c r e at i v e his client, a woman who was raped at ways to reduce injustice and raise public knifepoint, was finding it difficult to have consciousness, Mueller says. At this firm her case heard because she had asked we have a strong intention to accomplish our her rapist to use a condom, which a Travis goals, along with the instinct to create a new County Grand jury perceived as conveying approach when necessary and the ability and consent. Mueller s efforts in that case led to desire to take financial and personal risks. changes in the grand jury system, permitting the use of professional rape counselors Mueller Law specializes in personal injury, to educate grand jurors. wrongful death and financial loss cases. It is currently involved in surgical and transvaginal mesh products liability cases, birth injury cases, quit tam cases involving Medicare and Medicaid fraud, and consumer class actions involving defective software and excessive fees by management companies. The firm brings to bear all the necessary resources required to move a case forward, even in the face of seemingly insurmountable obstacles. These resources include the dedication, creativity and strength of the firm s attorneys and staff, as well as a large matrix of lawyers throughout the country In addition to his legal activities, Mueller runs his own production company Voodoo Cowboy Entertainment, which has had films in Sundance and South by Southwest. He also manages his sons rock band Twin Sages and teaches at the Gerry Spence Trial Lawyers College in Dubois, Wyoming. MUELLER LAW 404 W 7th St. Austin, TX ph: fax: Jesse Hornbuckle

4 t e x a s B LAWYERS E D I T I O N The Guide To Texas Top Attorneys It s inevitable at some point in your life, you re going to need a lawyer, and you won t always be able to predict when that need will arise. Whether you re starting a business or selling one, getting married or divorced, patenting your invention, litigating a contract, or buying a home there is a talented and highly competent attorney listed in this guide who can help. Perhaps you or a family member is involved in an accident or accused of a crime. These are all serious matters for which you need first-rate legal representation. Texas Best Lawyers helps take the mystery out of locating a high-quality advocate to protect you, your family, your business and all other assets. The exceptional attorneys listed in this guide are only those attorneys listed in The Best Lawyers in America. These attorneys were nominated by and voted in by their peers. Lawyers cannot buy their way into this guide. They must earn a spot through exemplary legal work that attracts the notice of their colleagues. To remain on the list, they must be at the top of their game, year after year. Best Lawyers, the leading referral list in the legal profession, and ALM, the nation s leading legal journalism and information company, have teamed up to provide this invaluable resource for readers, whatever your legal needs may be. Lawyers in this guide are arranged by their legal specialty from Administrative Law to Water Law which makes it easy to find the professional advice you need. Keep this comprehensive guide available for those times when you need a first-rate advocate to assist you. The lawyers listed in Texas Best Lawyers are eager to help. LEGAL GROUP Director, Custom Projects: Jason L. Leder Sales Manager, Custom Projects: Brad S. Silberberg Account Executives: Kelly Brown, Manny Candal, Christopher Knapp Creative Direction & Design: Lester Goodman BEST LAWYERS Founders and Publishers: Steven Naifeh Gregory White Smith Sales Assistant: Jennifer Gallagher Copy Editor: Christine LaRubio Profiles Writers: Jen Adams, Sean Stonefield Articles Writers: Ashley Cisneros, Jen Adams Senior Vice President: Kevin Vermeulen We are constantly striving to improve the quality and relevance of our magazines. Please contact us via at with any feedback you may have. Frank Branson: Helping Victims of Catastrophes 11 Bickel & Brewer s Art of Advocacy 13 Criminal Defense Attorney Dan Cogdell 15 KoonsFuller on Dallas Family Law 17 Dallas Advocate Charla Aldous 23 San Antonio s Dan Sciano 25 Mark Mueller s Dedication to Birth Injury Litigation Lawyers of the Year 28 t e x a s b e s t l a w y e r s b y s p e c i a l t y Administrative / Regulatory Law 8 Alternative Dispute Resolution 8 Antitrust Law 8 Appellate Practice 8 Banking and Finance Law 10 Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law 10 Bet-the-Company Litigation 12 Biotechnology Law 12 Collaborative Law: Civil 12 Collaborative Law: Family Law 12 Commercial Litigation 12 Communications Law 14 Construction Law 14 Corporate Governance and Compliance Law 14 Corporate Law 14 Criminal Defense: Non-White-Collar 14 Criminal Defense: White-Collar Litigation 14 Derivatives and Futures Law 14 DUI/DWI Defense 14 Education Law 14 Elder Law 14 Eminent Domain and Condemnation Law 18 Employee Benefits (ERISA) Law 18 Energy Law 18 Entertainment Law 20 Environmental Law 20 Equipment Finance Law 20 Family Law 20 Family Law Mediation 22 First Amendment Law 22 Franchise Law 22 Gaming Law 22 Government Relations Law 22 Health Care Law 22 Immigration Law 22 Information Technology Law 24 Insurance Law 24 Intellectual Property Law 24 International Arbitration 24 International Trade and Finance Law 24 Labor and Employment Law 24 Land Use & Zoning Law 27 Legal Malpractice Law 27 Leveraged Buyouts and Private Equity Law 27 Mass Tort Litigation 27 Media Law 27 Medical Malpractice Law 27 Mergers & Acquisitions Law 27 Mining Law 30 Mortgage Banking Foreclosure Law 30 Municipal Law 30 Native American Law 30 Natural Resources Law 30 Non-Profit/Charities Law 30 Oil & Gas Law 30 Personal Injury Litigation 30 Private Funds / Hedge Funds Law 32 Product Liability Litigation 32 Professional Malpractice Law 32 Project Finance Law 32 Public Finance Law 32 Railroad Law 32 Real Estate Law 32 Securities / Capital Markets Law 34 Securitization and Structured Finance Law 34 Sports Law 34 Tax Law 34 Technology Law 34 Transportation Law 34 Trusts and Estates 37 Venture Capital Law 38 Water Law 38 To order reprints of Texas Best Lawyers, please contact or Woodward/White Inc. has used its best efforts in assembling material for this list but does not warrant that the information contained herein is complete or accurate. Neither Woodward/ White Inc. nor ALM Media, LLC (or either party s affiliates, employees, officers, directors or agents) assumes, and both parties hereby disclaim, any liability to any person for any loss or damage caused by errors or omissions herein, whether such errors or omissions result from negligence, accident or any other cause. This magazine includes paid attorney advertising. Consumers should contact the state bar for verification and additional information prior to securing the legal services of any attorney. For more information, see The 2011 edition of The Best Lawyers in America is available from the publisher. For information call ; write 129 First Avenue, Aiken, SC 29801; or visit The Best Lawyers in America and Best Lawyers are registered trademarks of Woodward/White, Inc. ALM is a trademark of ALM Media Properties, LLC. Content of this publication is provided by advertisers and does not refect the opinions or reporting of the Dallas Morning News staff. 6 Texas Best Lawyers For more info go to

5 C r a i n L e w i s, L L P criminal Defense Personal Injury Litigation Crain Lewis, LLP is a Dallas-based law firm with a reputation for successfully handling personal injury/wrongful death claims and defending criminal cases throughout Texas. Robert D. Crain and Christopher W. Lewis have over 30 years of collective experience representing people involved in traumatic personal injury cases or unexpected criminal issues. During his career, Crain has handled cases throughout the country collecting verdicts, judgments and settlements in all types of injury cases ranging from medical malpractice to workplace accidents. Lewis has tried over 150 jury trials and has leveraged his experience as a prosecutor to achieve one of the best success rates in Texas. The firm brings the best resources to bear on every case, putting clients on an equal footing with insurance or government adversaries We dig deep into our cases, using new technologies to investigate, support and present them, Crain says. We spend whatever it takes to get to the bottom of every issue. An example of their thorough representation can be found in a recent death case involving an explosion when two 18-wheelers collided. The defense for the case suggested that they would ultimately extricate themselves from the lawsuit without any liability. But Crain Lewis rigorous approach taking over 60 depositions, subpoenaing cell phone records and constructing recreations meant that two years later a substantial settlement was reached. We ve been successful because everybody at this firm is driven to the same goal, which is helping the client, Lewis says. We re passionate about helping the underdog. From Left: Robert D. Crain, Christopher W. Lewis Crain has been selected for the 2011 edition of The Best Lawyers in America, and has been recognized as a Texas Super Lawyer since Crain has been named in every Best Lawyers issue in D Magazine for the past 10 years. Lewis has been honored by various publications as one of the best criminal defense lawyers in North Texas eleven times in the past seven years, including Best Lawyers in Dallas, Top Attorneys in Fort Worth and Best Lawyers in Dallas Under Carlisle Street, Suite 300 Dallas, TX ph: Jesse Hornbuckle Crain and Lewis have been selected by their peers for inclusion in D Magazine s 2011 edition of Best Lawyers in Dallas. Both attorneys are AV-rated by Martindale-Hubbell, the highest possible rating. Both are committed to giving back to the local community. Crain currently serves on the Board of Directors for the North Texas Chapter of Big Brothers and Big Sisters as well as the Board of Directors for the Texas Trial Lawyers Association. Our focus is on people and helping them to better their lives, Crain says. We treat them how we would want our family members to be treated and provide advice based on that principle.

7 Vanessa Gavalya Since its founding in 1984, Bickel & Brewer has established itself as one of the most innovative and successful litigation firms in the United States. Today, the firm exclusively handles high-stakes, bet-the-business litigation for a broad range of Fortune 500 companies, leading institutions and entrepreneurs. From the beginning, we have strived to acquire every asset necessary to give our clients the highest likelihood of success, says partner William A. Brewer III. Bickel & Brewer established a state-of-the-art information management system and is widely recognized as the first major law firm to develop an offshore operation. It pioneered the development of an in-house consulting group, an investigation unit, and a public relations unit. All of these innovations work in concert with Brewer s primary goal to effectively manage high-stakes advocacy legal matters that involve substantial financial and business exposure, cutting-edge legal issues, or significant public policy questions. Brewer has been annually selected for inclusion in The Best Lawyers in America in both Texas and New York since Brewer and the firm s other founding partners, John W. Bickel II and James S. Renard, built Bickel & Brewer to handle any high-stakes case no matter the forum, venue or subject matter. Brewer says, The art of our advocacy is being able to apply our skill sets across a spectrum of matters. Although best known for its legal prowess, Bickel & Brewer garners widespread attention for its commitment to the community. Under Brewer s direction, the firm founded the Bickel & Brewer Foundation, which creates, funds and manages a wide range of educational, legal and community programs. He was recently profiled in The Dallas Business Journal as a leading corporate philanthropist, and the firm is annually recognized as the most charitable law firm and one of the top ten charitable businesses in North Texas. In 2001, the Foundation created the Bickel & Brewer Future Leaders Program (FLP), a development program that educates, mentors and guides Dallas Independent School District students from the most disadvantaged neighborhoods in the greater Dallas community. The program s nine recent graduates received 40 college acceptance letters and more than $1 million in scholarship offers. Complementing the Foundation is the Bickel & Brewer Storefront, the firm s public service affiliate. Founded to make Bickel & Brewer s brand of advocacy available to those involved in cases with community-wide impact, the Storefront has received recognition for campaigns to end discriminatory practices against immigrants, disabled athletes, and employees in the workplace. Recently, the Storefront successfully challenged the illegal immigration ordinances proposed by the City of Farmers Branch, Texas. The case has become one of the nation s most closely watched disputes relating to the issue of immigration. One of the greatest benefits of our public advocacy is the ripple effect it has on the community, Brewer says. It is a privilege to be part of cases that can effect longterm, positive change for many others. Commercial Litigation Bickel & Brewer From the beginning, we have strived to acquire every asset necessary to give our clients the highest likelihood of success. William A. Brewer III SELECTED FOR INCLUSION IN T e x a s William A. Brewer III Dallas 1717 Main Street, Suite 4800 Dallas, TX ph: New York 767 Fifth Avenue, 50th Floor New York, NY ph:

9 Frank Branson Helping Victims of Avoidable Catastrophes Over the past forty years, Frank Branson has gone from one catastrophe to another. From a commercial airplane crash in Arkansas to a bus fire that killed 23 nursing home residents to a roof collapse at a Dallas Cowboys practice facility. Each case has been different than the last, and each has benefitted from his unwavering commitment. We ve had planes, trains, and automobiles in terms of types of catastrophes, says Mr. Branson. Though hard to characterize, it s the culmination of more than forty years of work and advancement on Mr. Branson s part. While in law school in the late 1960s, he adjusted claims for insurance companies and found that people who had been injured in car or truck accidents or harmed by the negligence of others were being doubly injured by the insurance carrier. For plaintiffs, the insurers essentially would starve them out, Mr. Branson says. By following set formulas, the carrier was able to pay victims the minimal amount possible. They d pay them X if they didn t hire a lawyer, X+5 if they hired a lawyer who settled every case, X+10 if they hired a lawyer who would get the case partially ready, Mr. Branson says. Then, if they didn t get what they thought was a fair value for the case and were afraid of it, (the carrier) would refer it to the trial lawyers in Dallas and pay them whatever was necessary to get the case resolved. Mr. Branson was even sent to lawyers offices to look around and judge whether the attorneys involved could personally afford to turn down the settlements the carrier would offer. At that point in time, there were probably only a handful of lawyers in Dallas who truly had the respect of the insurance carriers. Even among the talented lawyers, the carriers would settle the good lawsuits and end up trying the bad ones, which had the effect of making jury verdicts look more stilted towards insurance carriers than they really were. It s not often, at that point in time, that you d see a good lawyer trying a good case, because the insurance companies were trying to resolve as many cases as they could. And I thought, maybe lawyers ought to try some of the good cases more often than they tried the bad cases. Straws accumulated on the camel s back, and Mr. Branson decided to leave the insurance business and become a trial lawyer, to see if he could turn those For more info go to dynamics around on the carriers themselves. After beginning his practice at a small law firm, he found himself trying a large volume of small lawsuits across a wide spectrum of areas, gathering knowledge in all of them. Once he started his own firm in the late 1970s, Mr. Branson was finally able to screen cases on his own terms and selectively agreed to take on matters based on merit. Catastrophe after catastrophe passed through his hands, and by approaching them all methodically, with a level head and an extensive team of experts, Mr. Branson has amassed one of the most impressive trial lawyer reputations in the country, and helped change the shape and pace of law. In 2007, he earned the Mel Award from the Melvin M. Belli Society based on his cutting-edge use of demonstrative evidence. Now, instead of showing up to court to find insurance carriers that are willing to settle only at the last minute, Mr. Branson and his colleagues bring video settlement brochures, computer models, and written notebooks to show insurers what jurors will see at trial. Often, this tactic speeds up the resolution of cases several months or even years. We believe that the side that wins is ordinarily the side that is best prepared and has the resources to be truly well prepared, says Mr. Branson. Though he has had success in the past in making companies see the error of their ways including one that removed many of their faulty products from store shelves in the middle of the discovery process Mr. Branson realizes that other companies may never do more than acknowledge a jury s decision and their legal obligation to pay. Still, his tally of product improvements and increased safety over the years certainly has benefitted many. A lot of what we do that helps people really helps the safety of all of us, says Mr. Branson. Jen Adams W e believe that the side that wins is ordinarily the side that is best prepared... Frank Branson Texas Best Lawyers 11

11 Bickel & Bre w er s Art of Advocacy It Begins With The Human Element For a firm best known for its work in high-stakes commercial disputes and bet-the-business litigation, it can be surprising to realize that the art of Bickel & Brewer s advocacy is rooted in one basic element: the human one. To look at a docket of the firm s complex cases populated by SEC lawsuits, oil spill claims, and civil rights cases ripped from the headlines the idea of a platonic right and wrong seem almost unconnected, but to the attorneys at the firm, they are lines firmly drawn in the sand from the get-go. We ve been blessed in that, early on, we were given the opportunity to get involved in some important cases that, although they were commercial cases, involved real people. The drama that unfolds even in commercial cases is the story of people, and whether people acted appropriately or not, says partner William A. Brewer III, who founded the firm in 1984 with partner John W. Bickel II. For Mr. Brewer and his colleagues, this involves asking fundamental questions about a case from the beginning; fully thirty to forty percent of the firm s ranks are composed of non-lawyer professionals, including engineers, PhDs, and economists, all of whom are tasked with determining the facts of the case. All those who come to Bickel & Brewer in the hopes of representation are confronted with the insistence that they are retaining the firm to investigate, analyze, and report the facts and the likelihood of success or loss, but there is no promise that the firm will take the representation of the case any further than that. It matters to us which side you re on, and there s a right side and a wrong side. Nobody wins every case, nobody is infallible that s just not the human experience. But, I think that you are far more likely to win a greater percentage of cases when you take on the side that you perceive as being on the right side, says Brewer. This is certainly apparent in the firm s current representation of Florida landowner The St. Joe Company, who own nearly 600,000 acres near the Gulf coastline and is seeking more than $500 million in diminished value of its stock and land, in what is believed to be the single largest claim in connection with the Deepwater Horizon Incident. The case has seen significant development following its distinct handling by the firm, who determined early on that they would go off on their own and seek relief someplace other than the multidistrict litigation which is pending in New Orleans. For more info go to The suit also received early notoriety when Bickel & Brewer were the first to file a case against a major BP contractor, which was still trying to tell its shareholders that it had some immunity from suit, and had largely been passed over in the litigation surrounding the incident. Bickel & Brewer were the first ones to view the facts in a way that told them that the contractor was as responsible as anybody else, and there were actually several parties that were potentially responsible; if any one had acted in a negligent way, then this disaster would have taken place. It was absolutely chilling. What had occurred was so egregious. This contractor, among others, had made a series of choices that they knew were inherently dangerous in a situation that when it went wrong as it did it would be absolutely catastrophic, says Brewer. This chill quickly spread as more facts emerged, and it became apparent to the attorneys and engineers of Bickel & Brewer that the company s decisions were likely to lead to a disaster. The contracting megalith s own computer modeling told them that if the company built the cement plug intended to stop the flow of hydrocarbons up and out of the well as it was planned, they would be running a severe risk of failure. Nonetheless, it not only continued on that cheaper course, but in addition, neglected to run final tests to ensure the plug would work under the circumstances involved. It is so important that the process they re involved in be done properly, and is approached with utterly prudent forethought. To say that they failed to do so really understates why the deviation was from the standard of care. In letting the right and the wrong of it all provide a fundamental building block in the analysis of when and where the firm uses its resources, the attorneys at Bickel & Brewer have certainly found a selection algorithm that works, for paid and pro bono cases alike. It has certainly meant that we get involved in cases that we really believe in. We can and do until we must. We stay with a case every inch of the way because we believe in it, or we wouldn t have taken it on, says Brewer. Jen Adams We stay with a case every inch of the way because we believe in it, or we wouldn t have taken it on. William A. Brewer III Texas Best Lawyers 13 Vanessa Gavalya

13 Criminal Defense Attorney Dan Cogdell How a Love of Motorcycles Has Helped Shape his Career Dan Cogdell doesn t hunt. He doesn t golf. He doesn t fish. What Mr. Cogdell does do, and has for the past forty years, is race motorcycles. Perhaps it s not surprising that a man like Mr. Cogdell, who has been named as The Best Lawyers Lawyer of the Year in White-Collar Criminal Defense, likens the all-consuming feeling of the race track to that of the courtroom, where he represents doctors, police officers, lawyers, mayors, judges, and politicians in matters of white collar crime, grand jury investigations, health care fraud, environmental crime, and banking and securities fraud. With either of them, there is very little room for mistakes. No matter how much planning and how much preparation you put into it, there s always a contingency that you cannot anticipate, and you better learn to deal with it very quickly, he says. After being admitted to the Texas State Bar in 1982, Cogdell clerked for the Presiding Judge of the Court of Criminal Appeals in Texas. While hanging out at his beloved motocross track around that time, he first met legendary Texas criminal defense attorney Richard Racehorse Haynes, and decided that if Racehorse could do it criminal defense, that is so could he. Cogdell brought it full circle, and spent six years under the mentorship of Mr. Haynes. I wanted to be a trial lawyer for the same reason that I think a lot of kids go to medical school to become a trauma room surgeon, and I never wanted to be anything other than a criminal trial lawyer. For better or for worse, I never even evaluated the other options or possibilities out there. While on the surface, Cogdell s dual loves may seem equally tied into a need for adrenaline, his passion for his area of the law races on a far nobler course. As a child in Texas in the 70s, he was witness to a rash of prosecutions for minor offenses, (and subsequently major punishments,) such as marijuana possession. He quickly developed a distaste for the amount of power that the government could wield over an individual citizen, and a criminal defense lawyer was born. I definitely think there s some white button-down defiance in me. I resist the government instinctively, it s just my nature, he says. This temerity in the face of the government status quo reached a crescendo in 1994, when he and several other individuals volunteered to represent those involved in the Branch Davidian trials pro bono. For more info go to Cogdell s client was acquitted, and for the first time, he saw how important the criminal defense attorney s work actually was. I had initially been attracted to it for the selfglorification and attention, but it was through that trial that I realized that if people don t do what I do, then innocent people go to jail for crimes they didn t commit and don t deserve to be prosecuted for. With a newfound appreciation for the significance of the role he played in the legal machine, Cogdell would go on to participate in over 150 jury trials across more than 30 jurisdictions, including what the press and legal community all assumed was the foregone conclusion of the Enron trials. Whereas the rest of the world ruled out a two word verdict from the start, Cogdell represented Enron accountant Sheila Kahanek in what would become a watershed trial for both him and the proceedings as a whole: the first and only acquittal in the trials. Along with the jaws that dropped across the legal community, it also provided Cogdell with the realization that no matter how complex the accusation, there is always a common sense defense to it. By keeping the jury focused on the things that matter to them such as the character and motivation of the individuals involved as opposed to the things that matter to the prosecutors, he was able to help them understand the philosophical implications of the role his client played. There s no doubt that this calm in the face of commotion has afforded Cogdell the successes he s seen in front of juries and motocross audiences alike, and he continues to challenge himself before both. Even as the available resources and support in both arenas have grown over the decades, the connectivity between the solitary nature of his hobby and his profession continues to amaze him. There s just one of you, and you re going to win or you re going to lose. It s painfully obvious at the end of either contest how well you did. You don t ever walk away wondering where you finished, you re told. I guess I just need some certainty and some boundaries there. Jen Adams Iresist the government instinctively, it s just my nature. Dan Cogdell Texas Best Lawyers 15 Jesse Hornbuckle

15 KoonsFuller on Dallas Family Law Collaboration and Creativity Mean Everything After the love is gone, can a married couple divorce, but still do business together? With collaboration and creativity, absolutely says attorney Charla Bradshaw. Businesses are sometimes destroyed out of pain, anger and fear during a divorce, says the Denton managing partner for the family law firm, KoonsFuller. My experience is that failure of a business affects men and women alike. We can do something about it. A solution often achieved through the court system has one spouse taking the business, and the other receiving his or her share based on the business valuation. But a challenging economic landscape and tough job market mean that more clients are trying to find ways to continue to do business, says Heather King, who heads the KoonsFuller office in Southlake. Many couples believe that a divorce means that all assets must be sold. Even though you may not be married anymore, you have the same incentive, which is to make money, King says. You already know the person and know how he or she works. If you have children together you have all the more reason to want the business to thrive. KoonsFuller is the largest family law firm in the southwest with four North Texas locations. Almost every divorce it handles has some income-producing entity a family limited partnership or other closely held business, a large tract of land or major stock holdings. KoonsFuller attorneys explore as many creative options as possible when considering business contracts, ownership interest, and management of a company. Bradshaw finds that most of her clients have never considered running the business with their exes post-divorce. They assume that they will have to break up the business when they dissolve the marriage. But if they can rise above and put other things aside, we can help insure their futures even if they can t be married to each other. Bradshaw says. It may seem far-fetched, but with the people who ve taken this path, the acrimony generally takes care of itself because they are busy growing their operations and forming their new lives. The attorneys have found ways to use joint operating agreements in family law, King says. This type of agreement is enacted when two businesses, usually corporations, join and operate together while retaining their separate entities in terms of profit and management. If two married individuals can overcome the emotion and anger, we can use that joint operating agreement model to give each individual his or her own level of control and protection of interests, King explains. They each can have a certain level of autonomy, very similar to when two newspapers merge or when two hospitals merge. For more info go to Bradshaw and King can revise a company s articles of incorporation, declared shareholders, officers and stock issue. An agreement can be drawn to ensure that a spouse retains ownership interest without working at the business. An employment contract can be drafted to accommodate a structure where one spouse is the owner and the other is an employee. The spouses can also enter a partnership agreement. We can revise a contract to change management, governance duties, capital contribution, profit sharing, and ownership interest among other things, Bradshaw says. The key is to have two spouses who are able to overcome the emotional aspects to work collaboratively and creatively. KoonsFuller professionals increasingly work in teams to tackle a large, complex divorce. One associate may deal exclusively with a business valuation, while others research the other party s spending habits, prep and depose witnesses, and deal with issues of child custody and visitation. A good family lawyer must be equal parts businessman, accountant and family therapist to handle the breadth of issues we face, says Kevin Fuller, KoonsFuller s managing partner in the Dallas office. This firm hires attorneys with experience in finance, accounting and psychology for just this reason. The firm also calls upon outside talent when necessary, hiring appraisers, forensic accountants, real estate brokers, financial planners, child psychologists, marriage and family therapists and others to evaluate the situation and often appear in court or participate in settlement negotiations. Firm CEO Ike Vanden Eykel says KoonsFuller maintains a system whereby each attorney can tap into the expertise of the firm s 28 other lawyers. We say that it s never our first rodeo because with all the experience at this firm, we ve encountered every issue no matter how unusual, he says. Ashley Cisneros KoonsFuller s executive committee includes (from left) Charla Bradshaw, Kevin Fuller, Heather King, Ike Vanden Eykel and Rick Robertson. We say that it s never our first rodeo because with all the experience at this firm, we ve encountered every issue no matter how unusual. Ike Vanden Eykel Texas Best Lawyers 17

17 Cogdell Law Firm Our job is to get justice for clients in a system that doesn t always seem just. Criminal Defense: White-Collar Litigation F acing criminal charges can destroy a person s life or bring down an entire corporation, not to mention the enormous risk and pressure created by a jury trial. With that much on the line, you need more than just an experienced lawyer or a former prosecutor with connections. From the very start, you need a lawyer with significant experience representing clients who have faced the same predicament. You need the Cogdell Law Firm. Dan Cogdell is a trial lawyer, plain and simple. Whether defending criminal charges or representing companies in high-stakes civil trials, Cogdell & Ardoin brings proven courtroom experience to every case. The attorneys at the Cogdell Law Firm handle a wide range of white-collar cases, including mortgage fraud, financial fraud and healthcare fraud. Additionally, as true courtroom lawyers, they often are called on by other law firms to serve as trial counsel in civil cases involving complex commercial matters and other significant legal issues. During the last 25 years, Dan Cogdell has been among the most sought-after criminal defense lawyers in the nation. From financial scandals to city hall corruption to the Branch Davidians, he has built a reputation for defending clients in, and winning, the tough cases. Dan Cogdell The highlights of Cogdell s career include the only acquittal of any Enron defendant in their original trial, the sole acquittal among the mortgage fraud trials involving a former Houston mayoral candidate, and a not-guilty verdict in one of the nation s first medical psychiatric fraud cases. Criminal Defense: White-Collar Litigation Houston Cogdell Law Firm 1401 McKinney Street 16th Floor Houston, TX Ph: Cogdell continues to build on his respected reputation every day. From representing the first Stanford Financial executive charged in the government s investigation of R. Allen Stanford s financial companies to defending a Houston doctor in one of the largest medical fraud cases in city history, Cogdell is continually called on to handle the biggest and toughest cases in Texas. Jill Hunter

19 Personal Injury Litigation, Medical Malpractice Law Abraham, Watkins, Nichols, Sorrels, Agosto & Friend SELECTED FOR INCLUSION IN T e x a s A braham, Wat k i n s, Nichols, Sorrels, Agosto & Friend has represented the rights of clients and their families involved in serious injuries and wrongful death since The firm proudly celebrates 60 years continuing in the tradition of being one of the most experienced and wellrespected law firms in Texas. The firm handles cases involving catastrophic injuries, commercial and business disputes, wrongful death, medical malpractice, industrial, construction, aviation and maritime accidents. The firm s experienced and talented attorneys provide their clients with outstanding and superior representation with an emphasis on preparation, research, and trial strategy. Two of the firm s attorneys senior partner Nick C. Nichols and managing partner Randall O. Sorrels were selected for inclusion in the 2011 edition of The Best Lawyers in America. Nichols is a member of the American College of Trial Lawyers, International Academy of Trial Lawyers, International Society of Barristers and the Inner Circle of Advocates, which consists of the top 100 national plaintiff lawyers. He is a past-president of the Houston Chapter of the American Board of Trial Advocates and he has received the Southern Trial Lawyers Association War Horse Award. This award was presented to Mr. Nichols for his extraordinary contributions to the legal profession. For over 20 years, he has been selected for inclusion in The Best Lawyers in America and has been included in the Texas Best Lawyers and Nick C. Nichols (L) Randall o. Sorrels (R) Texas Super Lawyers. He was also a recipient of the Distinguished Rice Alumni Award from the Rice University Alumni Association and is listed in the Rice University Book of Champions. Sorrels is board certified in both personal injury trial law and civil trial law, a distinction held by only a fraction of Texas attorneys. Out of over 80,000 lawyers, he has been named as one of the Top 100 Lawyers in Texas by Texas Super Lawyers since 2007, as well as named to the American Trial Lawyers Association s Top 100 Trial Lawyers list. Sorrels is past-president of the Houston Bar Association, the Houston Trial Lawyers Association, and the Houston Trial Lawyers Foundation. In 2010 he received the Judge Sam Williams Award from the State Bar of Texas and in 2009 he was honored with the Distinguished Alumnus Award from Houston Baptist University. He recently served as the graduation Commencement Speaker for his law school, South Texas College of Law. Currently he serves as the Vice-President of the Texas Trial Lawyers Association. Members of the firm frequently teach, lecture and speak in law schools, seminars and other legal programs throughout the state and nation. They are also involved in numerous state and national bar associations, legal publications and many community projects. As they have for 60 years, Abraham, Watkins, Nichols, Sorrels, Agosto & Friend continue to represent their clients with the highest degree of expertise, skill and integrity the firm is known for. Abraham, Watkins, Nichols, Sorrels, Agosto & Friend 800 Commerce Street, Houston, TX ph: Jill Hunter (R)

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